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HomeMy WebLinkAboutDecember 10 2025 Regular Meeting Minutes 154 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, DECEMBER 10, 2025 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: John F. Jewell, Chairman; Judith McCann-Slaughter, Vice Chairman; Robert W. Wells; Blaine P. Dunn; Robert T. Liero; Jason Aikens; and Albert L. Orndorff were present. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Andrew R. Fox, County Attorney; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning Director; John Bishop, Assistant Director of Planning; Tyler Klein, Senior Planner; Stacy Herbaugh, Director of Parks and Recreation; Tamara Green, Director of Social Services; Tonya Sibert, Commissioner of the Revenue; Patrick Fly, Director of Information Technologies; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman Jewell called the meeting to order at 7:00 p.m. INVOCATION Pastor John Van Drunen of Fellowship Bible Church delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Slaughter led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED Vice Chairman Slaughter moved to adopt the draft agenda. Supervisor Wells seconded the motion, which carried on a voice vote. Minute Book 51 Board of Supervisors Regular Meeting of December 10,2025 County of Frederick,Virginia 155 CITIZEN COMMENTS - None ADOPTION OF CONSENT AGENDA—APPROVED Vice Chairman Slaughter moved to adopt the consent agenda. Supervisor Wells seconded the motion, which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye Albert L. Orndorff Aye Robert W.Wells Aye Judith McCann-Slaughter Aye Jason C.Aikens Aye John F. Jewell,Chairman Aye -Approval of the Closed Session & Regular Meeting Minutes of November 12, 2025—CONSENT AGENDA APPROVAL -Approval of Joint School Board-Board of Supervisors Work Session Minutes of November 13, 2025 —CONSENT AGENDA APPROVAL -Approval of Legislative Work Session Minutes of December 3, 2025 —CONSENT AGENDA APPROVAL - Request from the Commissioner of the Revenue for Refunds and Supplemental Appropriations: Amankrah &Co, INC-$34,835.85; BYTE SYSTEMS, LLC-$18,190.74; GEODIS LOGISTICS, LLC-$19,566.86 CONSENT AGENDA APPROVAL - Resolution Honoring the 2025 Class 4 All-State Champion James Wood High School Girls' Volleyball Team —CONSENT AGENDA APPROVAL RESOLUTION HONORING THE 2025 CLASS 4 ALL-STATE CHAMPION JAMES WOOD HIGH SCHOOL GIRLS' VOLLEYBALL TEAM WHEREAS, James Wood High School opened its doors in 1950; and during the ensuing years, its athletic teams brought recognition to the school through a variety of championships; and WHEREAS, the 2025 James Wood High School Girls' Volleyball Team has achieved yet another pinnacle of greatness by completing a 30-2 season,the most wins in a volleyball season in school history, and has won both the region title and the 2025 Virginia.High School League Class 4 all-state championship for the fourth year in a row; and WHEREAS,the James Wood High School Girls' Volleyball Team is the only Frederick County high school team in history to have captured four consecutive state titles; and WHEREAS, Coach Adrienne Patrick, six-year head coach of the Colonels, has led the James Wood High School Girls' Volleyball Team with professionalism and purpose,and since 2022,has achieved a collective overall record is 106-8; and WHEREAS,the James Wood High School Girls' Volleyball Team represented this community with distinction and honor during the 2025 Volleyball season; and Minute Book 51 Board of Su pervisors Regular Meeting of December 10,2025 County of Frederick,Virginia 156 WHEREAS,this team achieved this honor through a combination of hard work, drive, determination to be the best they could be every time they took the court,and true sportsmanship,which has brought favorable recognition upon themselves,their school,and their community. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors offers recognition and congratulations to the coaches and players of the 2025 James Wood High School Girls' Volleyball Team for a job well done;and, BE IT FURTHER RESOLVED that a true copy of this resolution be presented to the coaches and the team. - Resolution Honoring the Service of Stonewall District Supervisor Judith McCann-Slaughter — CONSENT AGENDA APPROVAL RESOLUTION OF APPRECIATION FOR STONEWALL DISTRICT SUPERVISOR JUDITH MCCANN-SLAUGHTER WHEREAS,Judith McCann-Slaughter began her long tenure of service to the community when she was appointed as a citizen member of the Finance Committee in 2013;and WHEREAS, Mrs. McCann-Slaughter was appointed to the Board of Supervisors as Interim Representative for the Stonewall District,serving January 1,2016,until she was elected during the Special Election in November 2016,and WHEREAS, Mrs. McCann-Slaughter was elected as Stonewall Representative again in the general election in November 2017 and 2021;and WHEREAS, during her tenure, Mrs. McCann-Slaughter was appointed to, and has given tirelessly of her time and talents while serving on the Conservation Easement Authority, the Economic Development Authority, the Development Impact Model Oversight Committee, the Finance Committee, the Joint Finance Committee, the Information Technology Committee, the Metropolitan Planning Organization, the Northern Shenandoah Valley Regional Commission,the Public Safety Committee,the Northwestern Regional Jail Authority,and the Transportation Committee;and WHEREAS,while serving as the Chair of the Transportation Coinmmittee,Mrs.McCann-Slaughter saw the completion of Crossover Boulevard; and WHEREAS,Mrs.McCann-Slaughter was known for supporting conservation measures to encourage the protection of the County's rural heritage, and was a strong proponent of the County maintaining the glass recycling program; and WHEREAS,in 2024 and 2025,Mrs.McCann-Slaughter was elected by her fellow Board members as Vice Chair of the Board, later serving as Acting Chair in September and October of 2025 following the resignation of the elected Chairman; and WHEREAS,as a valued member of the Board,Mrs.McCann-Slaughter was known for her devotion to her constituents and her thoughtful,calm,and sound approach to the Board and staff,and NOW, THEREFORE BE IT RESOLVED that the Frederick County Board of Supervisors extends its highest commendation and gratitude to Judith McCann-Slaughter, honors her years of outstanding service on behalf of the citizens of Frederick County,and conveys its best wishes to her in all her future endeavors. BE IT FURTHER RESOLVED that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. Minute Book 51 Board of Supervisors Regular Meeting of December 10,2025 County of Frederick,Virginia 157 -Resolution Honoring the Service of Red Bud District Supervisor Blaine P. Dunn —CONSENT AGENDA APPROVAL RESOLUTION OF APPRECIATION FOR RED BUD DISTRICT SUPERVISOR BLAINE P.DUNN WHEREAS,Blaine P. Dunn began his long tenure of service to Frederick County when he was elected to the Board of Supervisors in a special election on November 3,2015,and then was re-elected to the Board in 2017 and 2021;and WHEREAS, during his terms, Mr. Dunn was appointed to, and has given tirelessly of his time and talents while serving on the Code & Ordinance Committee, the Finance Committee, the Human Resources Committee, the Information Technology Committee,the Northern Shenandoah Valley Regional Commission, and the Public Safety Committee;and WHEREAS,in addition to his many Standing Committees assignments,Mr.Dunn also served as the Board's Liaison to the Social Services Board,the Tourism Board,the Fire&Rescue Association,the Handley Regional Library Board, the Parks&Recreation Commission,and the Planning Commission;and WHEREAS,Mr. Dunn spearheaded efforts that successfully led to the preservation of the Clowser House, and was instrumental in the development of Frederick Heights Park;and WHEREAS, in 2023, Mr. Dunn was elected by his fellow Board members as Vice Chairman of the Board of Supervisors,and admirably served as Acting Chairman from September to December of that year when the Chairman was unable to fulfill his duties;and WHEREAS, as a valued member of the Board, Mr. Dunn was known for his unwavering efforts on behalf of the County and his dedicated approach to seeking solutions for the betterment of all of the County's residents;and NOW, THEREFORE BE IT RESOLVED that the Frederick County Board of Supervisors extends its highest commendation and gratitude to Blaine P. Dunn,honors his years of outstanding service on behalf of the citizens of Frederick County,and conveys its best wishes to him in all his future endeavors. BE IT FURTHER RESOLVED that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Vice Chairman Slaughter was presented with the framed Resolution honoring her service on the occasion of her final meeting as a member of the Board of Supervisors. Supervisor Dunn was presented with the framed Resolution honoring his service on the occasion of his final meeting as a member of the Board of Supervisors. Minute Book 51 Board of Supervisors Regular Meeting of December 10,2025 County of Frederick,Virginia 158 COUNTY OFFICIALS LWCF GRANT AWARD ACCEPTANCE - OLD CHARLESTOWN ROAD PARK—APPROVED Parks and Recreation Director Stacy Herbaugh gave a brief presentation explaining the history of the Old Charlestown Park and the grant award from the Land and Water Conservation Fund. Vice Chairman Slaughter moved that the Board approve acceptance of the Land and Water Conservation Fund grant for the construction of the Old Charlestown Road Park. The motion, seconded by Supervisor Dunn, carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye Albert L. Orndorff Aye Robert W. Wells Aye Judith McCann-Slaughter Aye Jason C. Aikens Aye John F. Jewell,Chairman Aye COUNTY ADMINISTRATOR'S REPORT County Administrator Michael Bolhoefer provided an update on salary adjustments planned to assist the Department of Social Services with employee attraction and retention. Social Services Director Tamara Green thanked the Board and said the planned adjustments will help. By consensus, the Board expressed support for the planned adjustments. County Administrator Bollhoefer noted that Board members had requested information on initiating a strategic planning effort. He said the Berkley Group consulting firm is currently assisting the County with the Comprehensive Plan update and having them also assist with a strategic plan would enhance the Comprehensive Plan update process. By consensus, the Board expressed support for beginning the strategic plan process. + + + + + + + + + + + + + + Minute Book 51 Board of Supervisors Regular Meeting of December 10,2025 County of Frederick,Virginia 159 APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS RHONDA SARGENT REAPPOINTED TO SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE -APPROVED Supervisor Orndorff moved to reappoint Rhonda Sargent to the Shawneeland Sanitary District Advisory Committee for a 2-year term ending January 10, 2028. The motion, seconded by Supervisor Wells, carried on a voice vote. JOHN CLINE RECOMMENDED FOR REAPPOINTMENT TO BOARD OF ZONING APPEALS Supervisor Wells moved to recommend to the Circuit Court the reappointment of John Cline to the Board of Zoning Appeals for a 5-year term. The motion, seconded by Vice Chairman Slaughter, carried on a voice vote. + + + + + + + + + + + + + + COMMITTEE BUSINESS - None PUBLIC HEARINGS (NON-PLANNING ISSUES)- None PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE—MODIFICATIONS TO SUPPLEMENTARY USE REGULATIONS FOR OUTDOOR LIGHTING CONTAINED IN §165- 201.07 TO MODERNIZE OUTDOOR LIGHTING STANDARDS.— POSTPONED Senior Planner Tyler Klein reviewed the proposal to amend Chapter 165 -Zoning Ordinance to change the supplementary use regulations for outdoor lighting contained in §165-201.07. He said the purpose of this amendment is to modernize outdoor lighting standards through comparison with other localities and best practices, clarify and ensure consistent use of terminology, review illumination levels, mounting heights for fixtures, and photometric plan requirements, and incorporate LED lighting standards into the ordinance. In response to Supervisor Liero's question about the lighting issue being a public safety concern, Mr. Klein said that no comment regarding safety concerns was received from the Sheriff. Minute Book 51 Board of Supervisors Regular Meeting of December 10,2025 County of Frederick,Virginia 160 Supervisor Aikens and Supervisor Dunn discussed the proposed lighting levels,and Supervisor Aikens' concerns that the amendment has gone too far and may present safety issues in public areas that are not well-lit. Chairman Jewell opened the public comment period. Kurt Creager, Back Creek District, applauded the effort to bring the lighting standard up to date and offered suggestions for further improvements to the ordinance. Leslie Spencer, Gainesboro District, spoke in favor of the updated lighting standard and discussed the negative effects of light pollution in residential areas. John Van Drunen, Back Creek District, noted the improved safety of the Fellowship Bible Church parking lot after upgrading to LED lighting. Chairman Jewell closed the public comment period. Supervisor Dunn moved to approve the ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE — MODIFICATIONS TO SUPPLEMENTARY USE REGULATIONS FOR OUTDOOR LIGHTING CONTAINED IN §165-201.07 TO MODERNIZE OUTDOOR LIGHTING STANDARDS. Vice Chairman Slaughter seconded the motion. Supervisor Aikens said the ordinance included substantive changes and noted several things he wished to see modified before the ordinance is adopted. After a brief discussion, Supervisor Dunn withdrew his motion. Supervisor Dunn moved to postpone the ordinance amendment until staff can modify the text to address the concerns expressed by the Board members and the citizens who spoke during the public hearing. The motion, seconded by Supervisor Aikens, carried on a voice vote. + + + + + + + + + + + + + + ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE—MODIFICATIONS TO AMEND DESIGN REQUIREMENTS CONTAINED IN §165- 501.06 FOR THE R4(RESIDENTIAL PLANNED COMMUNITY)ZONING DISTRICT TO REMOVE THE MINIMUM SIZE REQUIRED AND AMEND THE RESIDENTIAL DENSITY REQUIREMENTS.—APPROVED Senior Planner Tyler Klein reviewed the proposal to amend Chapter 165 -Zoning Ordinance to change design requirements contained in §165-501.06 for the R4 (Residential Planned Community) Zoning District to remove the minimum size required and change the residential density requirements. Chairman Jewell opened the public comment period. Minute Book 51 Board of Supervisors Regular Meeting of December 10,2025 County of Frederick,Virginia 161 No one addressed the Board. Chairman Jewell closed the public comment period. Vice Chairman Slaughter moved to approve the ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE—MODIFICATIONS TO AMEND DESIGN REQUIREMENTS CONTAINED IN§165-501.06 FOR THE R4 (RESIDENTIAL PLANNED COMMUNITY) ZONING DISTRICT TO REMOVE THE MINIMUM SIZE REQUIRED AND AMEND THE RESIDENTIAL DENSITY REQUIREMENTS.The motion, seconded by Supervisor Wells, carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye Albert L. Orndorff Aye Robert W. Wells Aye Judith McCann-Slaughter Aye Jason C.Aikens Aye John F. Jewell,Chairman Aye ORDINANCE TO AMEND CHAPTER 165 ARTICLE V PLANNED DEVELOPMENT DISTRICTS PART 501 —R4 RESIDENTIAL PLANNED COMMUNITY DISTRICT §165-501.06 DESIGN REQUIREMENTS WHEREAS, a proposal to amend Chapter 165 —Zoning Ordinance to amend design requirements contained in §165- 501.06 for the R4(Residential Planned Community)Zoning District to remove the minimum size required and amend the residential density requirements; and WHEREAS, the Development Review and Regulations Committee (DRRC) met and discussed the proposed amendment at their September 25,2025,regular meeting; and WHEREAS,the Planning Commission held a public hearing on the proposed ordinance amendment on November 5, 2025,and recommended approval of the ordinance amendment; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this proposed ordinance amendment on December 10,2025; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that in the interest of public health,safety,general welfare,and good zoning practice,the amendment to Chapter 165—Zoning Ordinance to amend Chapter 165-501.06 design standards is adopted. §165-501.06 Design requirements. Minute Book 51 Board of Su pervisors Regular Meeting of December 10,2025 County of Frederick,Virginia 162 ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE—MODIFICATIONS TO AMEND DIMENSIONAL REGULATIONS CONTAINED IN §165-705.04 FOR THE TNBD (TRADITIONAL NEIGHBORHOOD DESIGN-BUSINESS) OVERLAY DISTRICT TO MODIFY THE MAXIMUM HEIGHT (FEET)AND HABITABLE FLOORS ALLOWED.-APPROVED Senior Planner Tyler Klein reviewed the proposal to amend Chapter 165 -Zoning Ordinance to change dimensional regulations contained in§165-705.04 for the TNDB(Traditional Neighborhood Design-Business) Overlay District to modify the maximum height (feet) and habitable floors allowed. Specifically, he said, staff proposes increasing the maximum height allowed to 60 feet and removing the restriction on habitable floors from a maximum of three (3). He explained that 60 feet corresponds to the maximum height allowed for a multistory residential building, and this change would enable true mixed-use type structures with ground floor commercial/retail and residences above. Chairman Jewell opened the public comment period. No one addressed the Board. Chairman Jewell closed the public comment period. Supervisor Dunn moved to approve the ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE—MODIFICATIONS TO AMEND DIMENSIONAL REGULATIONS CONTAINED IN §165-705.04 FOR THE TNBD (TRADITIONAL NEIGHBORHOOD DESIGN-BUSINESS) OVERLAY DISTRICT TO MODIFY THE MAXIMUM HEIGHT (FEET) AND HABITABLE FLOORS ALLOWED. The motion, seconded by Supervisor Aikens, carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye Albert L. Orndorff Aye Robert W. Wells Aye Judith McCann-Slaughter Aye Jason C. Aikens Aye John F. Jewell,Chairman Aye ORDINANCE TO AMEND CHAPTER 165 ARTICLE VII OVERLAY DISTRICTS PART 705—TNDB TRADITIONAL NEIGHBORHOOD DESIGN-BUSINESS OVERLAY DISTRICT §165-705.04 USE,DENSITY,DIMENSIONAL AND INTENSITY REGULATIONS WHEREAS,a proposal to amend Chapter 165—Zoning Ordinance to amend dimensional regulations contained in§165- 705.04 for the TNBD(Traditional Neighborhood Design-Business)Overlay District to modify the maximum height(feet) allowed; and WHEREAS, the Development Review and Regulations Committee (DRRC) met and discussed the proposed amendment at their September 25,2025,regular meeting; and Minute Book 51 Board of Supervisors Regular Meeting of December 10,2025 County of Frederick,Virginia 163 WHEREAS,the Planning Commission held a public hearing on the proposed ordinance amendment on November 5, 2025,and recommended approval of the ordinance amendment; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this proposed ordinance amendment on December 10,2025; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that in the interest of public health,safety,general welfare,and good zoning practice,the amendment to Chapter 165—Zoning Ordinance to amend Chapter 165-705.04 use,density,dimensional and intensity regulations. §165-705.04 Use,density,dimensional and intensity regulations. C.Dimensional and intensity requirements. The following dimensional and intensity requirements shall supersede those of the underlying zoning district: Maximum height(feet) 6044 Maximum(number) of habitable floors -4 + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS— None BOARD LIAISON REPORTS Supervisor Liero provided updates from the Planning Commission and the Parks and Recreation Commission. CITIZEN COMMENTS Larry Allen Clowser Webb, President of the Clowser Foundation, thanked the Board members, especially Supervisor Dunn, who assisted with preserving the Clowser House near Shawneeland. He asked for additional assistance in hopes that the Historic Resources Advisory Board would submit a nomination of the Clowser House to the Historic Registry Program. Gary Krause, Shawnee District,discussed the need for greater public involvement and asked the Board to pursue referenda on various revenue-raising options. Patti Lyman, Republican National Committee Woman for Virginia, praised the service of Supervisor Dunn at his final meeting as a Board member. Willie Deutsch, Opequon District, thanked Supervisor Dunn for his service. Minute Book 51 Board of Su pervisors Regular Meeting of December 10,2025 County of Frederick,Virginia 164 Joy Dunn, Red Bud District, reflected on her husband's service as the Red Bud District Supervisor. John Van Drunen, Back Creek District, thanked Vice Chairman Slaughter and Supervisor Dunn for their service on behalf of Eukarya Christina School. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn said it had been a privilege to serve on the Board and thanked County staff for their service to the citizens. Vice Chairman Slaughter thanked the citizens of the Stonewall District for their support and thanked the staff for their distinguished service. Supervisor Orndorff offered his thanks and best wishes to Vice Chairman Slaughter and Supervisor Dunn. Chairman Jewell thanked Vice Chairman Slaughter and Supervisor Dunn for their service and their help when he was new and learning his way in the Frederick County government. ADJOURN At 8:43 p.m., the meeting was adjourned on the motion of Vice Chairman Slaughter, seconded by Supervisor Dunn. John F. Jewell Michael Bollhoefer Chairman, Board of Supervisors County Administrator Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 51 Board of Supervisors Regular Meeting of December 10,2025 County of Frederick,Virginia